State ex rel. Tracy v. Franklin County Court of Common Pleas

609 N.E.2d 561, 66 Ohio St. 3d 1215, 1993 Ohio LEXIS 816
CourtOhio Supreme Court
DecidedMarch 8, 1993
DocketNo. 93-459
StatusPublished

This text of 609 N.E.2d 561 (State ex rel. Tracy v. Franklin County Court of Common Pleas) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. Tracy v. Franklin County Court of Common Pleas, 609 N.E.2d 561, 66 Ohio St. 3d 1215, 1993 Ohio LEXIS 816 (Ohio 1993).

Opinions

In Prohibition.

On Motion for Peremptory Writ.

This cause originated in this court on the filing of a complaint for a writ of prohibition. Upon consideration of relators’ motion for peremptory writ of prohibition in the first instance, or alternatively, an alternative writ and stay of preliminary injunction,

IT IS ORDERED by the court that said motion for an alternative writ be, and the same is hereby, granted, and respondents are to show cause on or before March 29, 1993, why the writ of prohibition should not be issued.

IT IS FURTHER ORDERED by the court that the operation of the preliminary injunction issued by respondents against assessment and collection of the Ohio Beverage Tax, R.C. Chapter 5753, in the case styled Cameron Coca-Cola Bottling Co. et al. v. Roger W. Tracy, Tax Commissioner, et al., case No. 93CVH-02-729, filed February 1, 1993, in the Court of Common Pleas of Franklin County, Ohio, be stayed, pending final hearing and determination of the complaint in prohibition.

Pfeifer, J., dissents.

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Bluebook (online)
609 N.E.2d 561, 66 Ohio St. 3d 1215, 1993 Ohio LEXIS 816, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-tracy-v-franklin-county-court-of-common-pleas-ohio-1993.